Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-01-27

LhOs lNtot NNt Nhti0hbt Nbi-
stitution, Sec. 2nd, Art. 1st, which
says
"The lands of the Cherokee ma
ton shall remain common proper
ty, but the improvements made
thereon, and in possession of the
citizens of the nation are the exclu-
sive and indcfeasible property of
the citizens respectively who made
or may rightfully be in possession
of them" "
This part of the Cherokee consti-
tuition, so clear and so emphatic,
settles the question of the citizen
rights to the joint ownership of
the lands of the Cherokee nation,
no difference who that citizen is
red, white, or black
We will now make n brief allu-
sion to two Cherokee treaties-the
treaties of 1916 and 1866.
The above two treaties were both
brought about from the same cause.
In both instances the different
factions of the Cherokees had been
at war with each consider
able bloodshed and killing.
Then the United States govern
ment interposed for the purpose of
making peace by securing the weak
er party in all their rights, and guar
anteeing protection to life, liberty,
and property.
Please let us see what the 1st
Art. of Cherokee treaty 1916, says:
The lands now occupied by the
Cherokee nation shall be secured
to the whole Cherokee people, for
their common use and benefit.
Please remember this article
leaves no person out, and declares
it is not only for his use but also
for his benefit.
And as the language in that 1st
article uses the words: "The whole
Cherokee people"--we had better
examine, and see who are the
Cherokee people. Therefore we
call attention to the amendments
to the Cherokee constitution, Art.
3, Sec. 5, which says:
"All native born Cherokees, all
Indians and whites legally members
Of the nation by adoption, and all
freedmen who have been liberated
by voluntary act OF their former
owners or by law, as well as free
colored persons who were in the
country, at the commencement of
the rebellion and are now residents
therein, or who may return within
six months from the 18th of July,
1866, and their descendants, who
reside within the limits of the
Cherokee nation, shall be taken,
and deemed to he citizens of the
Cherokee nation"
If there was or is any question
as to who compose the Cherokee
people, this clause of the Cherokee
constitution settles it. Also please
see 2nd Art. Cherokee treaty 1916,
which says: "Laws shall be passed
for equal protection, and for the
security Of life, liberty, and prop
erty." X =
The above clause was n great
guarantee for the weaker party, yet
no attention has been paid to that
article of the treaty in regard to
the distribution of the money in
question.
For in that matter the four
parties have not been made equal
with the one party. The Shaw
nees, whites, Delawares, and
colored have all been excluded, and
Cherokees by blood received the
entire sum.
CHEROKEE LAWS.
We will now refer to the Chero-
kee laws on wills to show how the
citizens rights are protected by
law.
See page 226, Art. Ill, Sec. 25,
which reads: every person of
lawful age being at the time of
sound and disposing mind shall
have the right by last will, to dis
pose Of all of his improvements,
and other property that he may
die possessed Of" X K 4 X
This law asserts again, that the
bona fide citizens of the nation
have their equal landed rights
one citizens rights exactly the
same as another.
We will now refer to one more
Law; (see page 22S, Art. 4, Sec. 300
DESCENT OF PROPERTY.
"Whenever any person shall die
possessed of property not devised,
the same shall descend in the fol-
lowing order, to-wit: First in equal
parts TO the husband or wife. " 4 4 X
Therefore where a man or woman
dies, who is a citizen of the nation,
having no children to inherit, then
the survivor inherits the entire
estate, no difference which is the
survivor, the white man or the
Indian woman.
Now to close, please let us look
carefully over the 9TH and the 9th
articles, Cherokee treaty Of 1866,
first 9th article. 4 4 = 4
"And all rules or regulations in
said district or in any other dis
trict Of the nation discriminating
against the citizens Of other dis
tricts are prohibited and shall be
void" 9th art. "And should any
such law either in its provision or
in the manner of its enforcement,
in the opinion of the president
of the United States, op-
crate unjustly or injuriously in
said district, be is hereby author